How Long Do I Have To Be Married to Get Alimony in FL?

Marriage duration matters in Florida alimony law—but not the way most people think. So, how long do you have to be married before alimony applies?

There’s no magic number of years you need to hit before alimony becomes possible. A spouse in a three-year marriage can receive alimony. So can a spouse in a thirty-year marriage. The difference is in how the court evaluates the request and what type of alimony gets awarded.

What Does Florida Law Say About Marriage Duration and Alimony?

Florida Statutes § 61.08 governs alimony in Florida. The statute doesn’t set a minimum marriage duration before alimony applies, but it does classify marriages into three categories that determine what type of alimony is available.

Marriage length categories:

• Short-term marriage: Less than 10 years
• Moderate-term marriage: 10 years to less than 20 years
• Long-term marriage: 20 years or more

These classifications determine the maximum duration of durational alimony—the most common type awarded in Florida divorces.

Can You Get Alimony in a Short-Term Marriage?

Yes. You can receive alimony even if your marriage lasted less than 10 years, but the duration is limited.

For short-term marriages (under 10 years), durational alimony cannot exceed 50% of the length of the marriage.

However, durational alimony is not available for marriages lasting less than 3 years.

Example:

You were married for 6 years. The maximum durational alimony period is 3 years (50% of 6 years).

The court can deny alimony entirely in short-term marriages if the requesting spouse has sufficient income or assets, the marriage was very brief, there’s no significant economic disparity, or no spouse sacrificed career opportunities for the marriage.

What About Moderate-Term and Long-Term Marriages?

Longer marriages allow for extended alimony support because courts recognize that spouses may have made significant career sacrifices or been out of the workforce for extended periods.

Moderate-term marriages (10 to less than 20 years): Durational alimony cannot exceed 60% of the length of the marriage.

Example: 15-year marriage = maximum 9 years of durational alimony (60% of 15 years).

Long-term marriages (20 years or more): Durational alimony cannot exceed 75% of the length of the marriage.

Example: 24-year marriage = maximum 18 years of durational alimony (75% of 24 years).

What Types of Alimony Are Available in Florida?

Florida law recognizes several types of alimony, and the marriage duration affects which types apply.

1. Bridge-the-Gap Alimony

 Duration: Maximum 2 years
Purpose: Help transition from married to single life
Marriage length: Available for any marriage length

This covers identifiable short-term needs like getting a professional license, completing education, or establishing a household. It terminates automatically if either party dies or the recipient remarries.

1. Rehabilitative Alimony

 Duration: Maximum 5 years
Purpose: Support while the recipient develops skills for self-sufficiency
Marriage length: Available for any marriage length

The recipient must present a defined plan showing how they’ll become self-supporting—education, training, work experience.

Example: A stay-at-home parent returns to school for a nursing degree. Rehabilitative alimony covers living expenses during the two-year program.

1. Durational Alimony

 Duration: Limited by marriage length (50%, 60%, or 75%)
Purpose: Economic assistance for a set period
Marriage length: Available for marriages of 3 years or longer

This is the most common type of alimony awarded. It provides ongoing support but terminates automatically after the set period, upon death of either party, or upon remarriage of the recipient.

1. Temporary Alimony

 Duration: Until the final divorce judgment
Purpose: Maintain the status quo during divorce proceedings
Marriage length: Available for any marriage length

What Happened to Permanent Alimony?

Florida eliminated permanent alimony in 2023. Cases filed after July 1, 2023, cannot result in permanent alimony awards.

For divorces finalized before July 1, 2023, with permanent alimony already awarded, those orders remain in effect. However, recipients may face modification if the payor retires or experiences substantial changes in circumstances.

Even in marriages lasting 30+ years, alimony now has a durational limit.

How Do Courts Calculate the Amount of Alimony?

Marriage length determines how long you might pay or receive alimony. But how much?

Under Florida Statutes § 61.08(8)(c), courts calculate alimony based on:

1. The recipient’s need

Courts determine reasonable need based on the marital standard of living and necessary expenses.

2. The payor’s ability to pay

Courts examine the payor’s income, assets, and financial obligations.

3. The amount cannot exceed 35% of the difference between the parties’ net incomes

Formula:
 (Higher earner’s net income – Lower earner’s net income) × 35% = Maximum alimony

Example:

Spouse A earns $120,000 net annually. Spouse B earns $40,000 net annually.

($120,000 – $40,000) × 35% = $28,000 maximum annual alimony ($2,333 per month)

The court then determines if the recipient actually needs that full amount based on reasonable expenses and the marital standard of living.

What Other Factors Does the Court Consider?

Marriage duration is only one factor. Florida Statutes § 61.08(2) and (3) require courts to consider:

Key factors:

• The standard of living established during the marriage
• The age and physical and emotional condition of each party
• The financial resources of each party
• The earning capacities, educational levels, vocational skills, and employability of the parties
• The contribution of each party to the marriage (including homemaking, childcare, education, and career building)
• The responsibilities each party will have with regard to any minor children
• The tax treatment and consequences of the alimony award
• All sources of income available to either party

Courts weigh all these factors together. A 15-year marriage where one spouse stayed home raising children while the other built a lucrative career will result in different alimony than a 15-year marriage where both spouses worked similar jobs.

Can Alimony Be Modified After the Divorce?

Yes, but only under specific circumstances.

Alimony can be modified if:

• There’s a substantial change in circumstances
• The change was not contemplated at the time of the original award
• The change is sufficient, material, involuntary, and permanent

Common reasons for modification:

• Significant income loss (job loss, salary reduction)
• Serious illness or disability
• Retirement (with specific requirements)
• Recipient’s increased income or remarriage

However: The duration of durational alimony cannot be modified except under exceptional circumstances, and even then, it cannot exceed the statutory cap based on marriage length.

Does Adultery Affect Alimony in Florida?

Under the 2023 alimony reform, adultery can now be considered when determining alimony awards.

Courts may consider adultery and the resulting economic impact when determining whether to award alimony, the amount of alimony, and the duration of alimony.

What If You Remarry After Receiving Alimony?

If you remarry after receiving alimony, your alimony terminates automatically. This applies to all types of alimony except bridge-the-gap in certain circumstances.

If you’re the payor and you remarry, your alimony obligation continues unless your new marriage creates financial circumstances that warrant modification.

Important: Living with a supportive partner (without marriage) may also affect alimony through “supportive relationship” provisions, but the burden of proof is on the payor to establish the relationship meets statutory requirements.

How Does Marriage Length Really Affect Alimony in Florida?

Marriage length establishes the outer boundaries for durational alimony—50% for short-term marriages, 60% for moderate-term marriages, and 75% for long-term marriages.

But length alone doesn’t guarantee alimony. Courts evaluate need, ability to pay, and numerous other factors to determine whether alimony is appropriate and in what amount.

If you’re facing divorce and alimony is a concern, understanding how courts apply these rules to your specific situation is critical. Contact Nest Law to discuss your marriage duration, financial circumstances, and alimony strategy.

This content is for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, consult with a qualified Florida family law attorney.